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BD OF EDUC v. BD OF TRUSTEES

185 Misc.2d 704 (2000)

713 N.Y.S.2d 908

In the Matter of BOARD OF EDUCATION OF THE ROOSEVELT UNION FREE SCHOOL DISTRICT et al., Petitioners-Plaintiffs, v. BOARD OF TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK et al., Respondents-Defendants.

Supreme Court, Albany County.

September 15, 2000.

Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General (Robert A. Siegfried and Dorothy Oehler Nese of counsel), for Board of Trustees of the State University of New York and others, respondents-defendants. Rains & Pogrebin, P. C. (David M. Wirtz of counsel), for Roosevelt Children's Academy Charter School, Inc., respondent-defendant.

Jaspan, Schlesinger, Hoffman L. L. P. (Stanley A. Camhi of counsel), for petitioners-plaintiffs.

OPINION OF THE COURT

JOSEPH M. SISE, J.

So that teachers, parents and community members could establish and maintain schools that operate independently of existing schools and school districts, the Legislature enacted the New York Charter Schools Act of 1998 (L 1998, ch 4, § 1). To form a charter school under this Act, an application must be submitted to a charter entity which can either be a board of education, the Board of Trustees of the State University...

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